Changes Needed to Strengthen Patent Trolling Bill, Protect Victims

In an effort to stop patent trollers—people who file frivolous patent infringement claims–from attempting to extort money from innocent business owners, the legislature’s Judiciary Committee has approved a bill aimed at combating the practice in Connecticut.

SB 258 requires individuals seeking to file patent infringement claims to do so in good faith. If they don’t, the bill gives Connecticut’s attorney general the authority to pursue and prosecute them.

While this is a positive development, CBIA and several other business organizations and companies are seeking ways to strengthen the bill to protect valid patent holders and safeguard their intellectual property rights.

Recommended changes include:

• Allowing targets of improper patent trolling claims to be able to prove either deception or vagueness in the claims. Proving deception is a much higher standard than vagueness, and victims of patent trolls often face claims that are vague. Allowing trolling victims to prove vagueness or deception will help protect them.
• Clarifying that court-ordered damages are only available to victims of patent trolls, and not also to patent trolls. 
• Ensuring that valid patent holders are not accidentally harmed as a result of the legislation and that valid patents are protected, not compromised, as a result of the bill.

CBIA believes that with these changes, SB 258 will go a long way toward discouraging patent trolling and protecting valid patent claims.

For more information, email Eric George.